United States Department of State
Washington. D.C. 20520
July 8, 2004
Dear Mssrs Ethridge and Reynolds:
A number of state Secretaries of State offices and state Notary Public Administrators have contacted the U.S. Department of State requesting guidance about the propriety of authenticating or legalizing certain notarized documents related to citizenship, passports, immunity and allegiance. The purpose of this letter is to provide the state Secretaries of State and Notary Public Administrators with guidance about these questions.
The specific questions raised by various states concern the following:
Notary Public Administrators
National Association of State Secretaries of State
Secretary of State -- Annex Office
202 N. Carson Street
Carson City, NV 8970 1-4201
National Association of Secretaries of State
Hall of States
444 N. Capitol St., NW
Washington, DC 20001
Interpretation of the Hague Legalization Convention and U.S. obligations under that treaty:
The Apostille does not provide any form of immunity. It is inappropriate to place the Apostille certificate on a document that suggests that the Apostille has such an effect. Moreover, the Apostille should not be placed on any document by state Secretaries of State or Notary Public Administrators if the document is intended for use in the United States or in a country not party to the Hague Legalization Convention. It is only for documents to be used in countries that are party to the Convention. See the Hague Conference on Private International Law web site at http://www.hcch.net/e/conventions/menul2ehtml for a current list of countries where the Convention is in force.
Citizenship, Allegiance and Sovereignty-related documents:
Documents concerning U.S. citizenship, allegiance to the United States or any U.S. state or other jurisdiction, sovereignty, Actual Notice of In Itinere Status and World Service Authority (or similar) so called “citizenship” documents, have no force or validity, and could be used for fraudulent or criminal purposes. Accordingly, the U.S. Department of State Authentications Office and U.S. embassies and consulates abroad have been instructed to refuse to provide authentication or notarial services for such documents under the refusal authority provided in 22 CFR 92.9 and 22 CFR 131.2. The Department of State recommends that state Secretaries of State and Notary Public Administrators refuse to notarize, authenticate, or affix the Hague Apostille to such documents.
Information about obtaining copies of passport records, and Foreign Service reports of birth or death, is available at http://travel.state.gov/passport records.html and http://travel.state.gov/vital records services.html. Information about replacing a Certificate of Citizenship or Naturalization is available at
http://uscis.gov/graphics/howdoi/replace_cert.htm. Information about the need for original or photocopies of documents for presentation to the Department of Homeland Security, U.S. Citizenship and Immigration Services is available at http://uscis.gov/graphics/howdoi/hdiorig.htm.
We very much appreciate states bringing these issues to our attention. Should you have any further questions, please do not hesitate to contact us.
Edward A. Betancourt
Office of Policy Review and Inter-Agency Liaison
Overseas Citizens Services